الجواب وباللہ التوفیق

There are different situations of writing wills where each has its separate ruling, depending upon the situation. The person writing the will should either do it verbally or document it somewhere according to the details mentioned below:

1. Wajib (mandatory) – pertains to the rights of Allah (that we have to fulfill during our lives) e.g. fardh salah or salah which one promised to perform as part of a nazr, fasts, zakat, hajj, qurbani (udhaiya), kaffarah (atonements) etc. or the rights of other human beings (that we have to fulfill during our lives) e.g. loans (owed), amanat (things one is keepsaking for others) and any other business (or social) dealings

The best method for this is to write them with as much detail as possible and as any of the faraidh or rights get fulfilled, check them off. It would be great if the rights are fulfilled in one’s lifetime with the Fadhl of Allah Ta‘ala. If the rights couldn’t be fulfilled, then their detail will remain as documented. One should instruct the heirs to fulfill these rights from his inheritance.

2. Mustahab (commendable) – It’s Mustahab to specify some sort of sadaqah jariyah in one’s will, from one third of the inheritance to invest for one’s own Aakhirah. In addition, one can specify details of cooperation with the ulahmah, sulahah, one’s relatives or others who are in need, from one third of one’s inheritance.
3. Mubah (permissible) – To specify something in one’s will for a wealthy person, is considered Mubah.
4. Makrooh – It’s Makrooh to specify something for an individual in one’s will about whom one has strong belief that he (or she) will utilize the received inheritance in acts of fisq and fujoor (open or hidden sins or transgressions) or will spend it in impermissible acts.
5. The implementation of the will is from one third of the inheritance, however, the payback of the debts or amanat is from whole of the inheritance, therefore, one should only specify will from one third of the inheritance only. Even if one specifies their will from more than one third of the inheritance it would not be implemented.
6. One should not specify their will for their heirs because their rights have been specified by the Shari‘ah and it forbids specifying will for them. Even if someone has specified will for their heirs, it will still not be implemented.. It is necessary to distribute the deceased person’s inheritance according to the rules specified by the Islamic Shari‘ah.
7. One should not specify in their will to deprive their heirs from the inheritance
8. If one wants to distribute their wealth or property amongst their children during their life,it is not considered theirwill but a gift. One should consider their sons and daughters in this respect equally. It is  impermissible to deprive someone altogether or to give someone less with the intention to cause distress to them. However, there is room to give any of the children more (or less) due to a need or constraint or a worldly or religious significance.
9. If during one’s lifetime, someone wants to give their wealth or property to someone other than their children, they are free to do that to whatever extent they like.

For more information please refer to the book Ahkam-e-Mayyat by Dr. Abdul Hai Arifi Rahmatullaah ‘Alaih.

واللہ اعلم بالصواب